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5. Resolution 5435 - Urban Renewal AgencyTel 406.758.7708 Fax 406.758.7771 charball@kalispelI.com Mayor Tarnnli Fisher and Kalispell City Council Charles Harball, City Attorney Jane Howington, City Manager Resolution 5435 -- a Resolution Establishing an Urban Renewal Agency June 7, Zo 10 - Regular Council Meeting BACKGROUND: The .Kalispell City Council has previously adopted resolutions finding that: (1) one or more blighted areas exist in the City of Kalispell and the rehabilitation, redevelopment, or a combination thereof of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City. This was the establishment of what has become known as the westside Urban Renewal District and the Airport/Athletic Fields Urban Renewal Districts. Each of these districts were also properly established as tax increment financing districts The Council has requested that staff investigate and present a proposal for the establishment of a board to assist the Council in the ongoing evaluation of the urban renewal districts and projects proposing to develop within there and that seek tax increment funding to support the project and district. MCA 7-15-4232 contemplates that the City may establish an Urban Renewal Agency to promulgate and administer the urban renewal districts. This statute and those that follow provide the extent to which the Council may assign that task. The Council is not required, however, to give over all such authority and may retain such powers as it deems appropriate. Given the direction of the Council, Resolution 5435 was drafted to create a board of commissioners that acts similarly to the Planning Board and is limited to providing a venue of public discussion and well reasoned recommendations to the City Council. RECOMMENDATION: The staff recommends that the City Council pass Resolution No. 5435 with such amendments as it deems appropriate. Council could then follow up with appointments to the Board of Commissioners. FISCAI IMPACTS: None. Respectfully submitted, y ~i Charles Harbail,,/City Attorney J ne Howington, City Manager\") A IESOLUTION TO ESTABLISH AN URBAN RENEWAL AGENCY PURSUANT TO TITLE 7 CHAPTER 15 PART 42 OF THE MONTANA CODEr r BE BOARDKNOWN AS THE KALISPELL URBAN RENEWAL BOARD OF COMMISSIONERS AND TO ACT AS AN ADVISORY ONLY i. THE KALISPELL CITY r WHEREAS, the Kalispell City Council has previously adopted resolutions finding that: (1) one or more blighted areas exist in the City of Kalispell and the rehabilitation, redevelopment, or a combination thereof of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City; and WHEREAS, pursuant to MCA 7-15-4232 the Kalispell City Council finds that it would be in the best interests of the city to establish an Urban Renewal Agency to be known as the Kalispell Urban Renewal Board of Commissioners for the purpose of assisting the City Council in evaluating and proposing urban renewal plans and projects; and WHEREAS, the Kalispell Urban Renewal Board of Commissioners should have the authority to (a) to assist city staff in the preparation of urban renewal plans or modifications to such plans and make recommendations to the Kalispell City Council; (b) to review urban renewal projects and make recommendations to the Kalispell City Council regarding the funding of such projects, (c) to disseminate blight clearance and urban renewal information; (d) to perform such duties as the Kalispell City Council may direct so as to make the necessary arrangements for the exercise of the powers and performance of the duties and responsibilities entrusted to the Kalispell. City Council. NOW THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF K.ALISPELL, MONTANA: SECTION I. That pursuant to MCA 7-15-4232 the Kalispell City Council hereby establishes an Urban Renewal Agency to be known as the Kalispell Urban Renewal Board of Commissioners for the purpose of assisting the City Council in evaluating and proposing urban renewal plans and projects. SECTION II. That the Kalispell Urban Renewal Board of Commissioners shall have the authority to (a) to assist city staff in the preparation of urban renewal plans or modifications to such plans and make recommendations to the Kalispell City Council; (b) to review urban renewal projects and make recommendations to the Kalispell City Council regarding the funding of such projects; (c) to disseminate blight clearance and urban renewal information; (d) to perform such duties as the Kalispell City Council may direct so as to make the necessary arrangements for the exercise of the powers and performance of the duties and responsibilities entrusted to the Kalispell City Council. SECTION III (I)The initial membership shall consist of one commissioner appointed for 1 year, one for 2 years, one for 3 years, and two for 4 years. Each subsequent appointment shall be for 4 years. (2) Each commissioner shall hold office until a successor has been appointed and has qualified. (3) A commissioner may not receive compensation for services. (4) Any persons may be appointed as commissioners if they reside or own real estate within the municipality and have applicable experience in finance, business ownership, commercial development and real estate marketing. (5) A commissioner may be removed for inefficiency, neglect of duty, or misconduct in office. SECTION IV This resolution shall become effective immediately. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALIS PELL THIS 7TH DAY 4F JUNE. 2010. Tammi Fisher Mayor ATTEST: Theresa White City Clerk